Unauthorized Filling of Rice Fields: Is There a Penalty?
Based on the provisions of Clause 3, Article 3, Decree 91/2019/ND-CP, the act of altering the terrain in cases such as: changing the slope of the land surface; lowering the land surface by removing topsoil for other uses or making the land surface lower than adjacent parcels; filling land that contains specialized water surfaces, irrigation or drainage canals, or raising the surface level of agricultural production land higher than adjacent parcels constitutes an act of land destruction.
Simultaneously, one of the prohibited acts under the provisions of Clause 1, Article 12, Land Law 2013 is encroaching upon and destroying land.
The act of arbitrarily leveling paddy fields, leading to the paddy field surface being higher than adjacent parcels as provided in your information, is identified as an act of land destruction.
Therefore, if such an action is performed, depending on the area of land destroyed, you will be administratively fined for land destruction according to the provisions of Article 15, Decree 91/2019/ND-CP, specifically:
- A fine ranging from VND 2,000,000 to VND 5,000,000 if the area of land destroyed is less than 0.05 hectares;
- A fine ranging from VND 5,000,000 to VND 10,000,000 if the area of land destroyed is from 0.05 hectares to less than 0.1 hectares;
- A fine ranging from VND 10,000,000 to VND 30,000,000 if the area of land destroyed is from 0.1 hectares to less than 0.5 hectares;
- A fine ranging from VND 30,000,000 to VND 60,000,000 if the area of land destroyed is from 0.5 hectares to less than 1 hectare;
- A fine ranging from VND 60,000,000 to VND 150,000,000 if the area of land destroyed is from 1 hectare or more.
Simultaneously, you must implement remedial measures to restore the original condition of the land before the violation. Failure to comply with the remedial measures will result in the State recovering the land according to the provisions of Point b, Clause 1, Article 64, Land Law 2013.
You are required to comply with the above regulations in accordance with the law.
Respectfully!
